MINUTES OF THE OCTOBER 8, 2013 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, October 8, 2013 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.
PRESENT WERE:

Leonard K. Pero		Supervisor
Clark Borngraber	Councilman
Chad Kaczmarek	Councilman
Donald Clark		Councilman
William J Trask, Sr.	Town Attorney
Barbara J. Daniel 	Town Clerk, Recording Secretary

Absent was: Councilman Jeffrey Gier

Gary Brecker		Code Enforcement Officer
Donald Hepkins		Police Chief
Joseph DeCarlo		Assessor
Joseph Giambrone	Highway Superintendent
Joseph Ostrowski	Planning Board Chairman
Lynda Ostrowski	Deputy Clerk
Allen Nolan		Building Superintendent
Lee Brunelli		ZBA member
Janice Ross		Planning Board member
John Mills		Town Legislator

ALSO PRESENT / SIGNED IN WERE:

Brian Rott		Resident
Debra Ritz		Resident
Kirk Ritz		Resident
Mark DeCarlo		Resident
Ronald Kobel		Resident
William Henry
Margaret J. Hageman

The meeting opened at 7:30 PM with a pledge to the flag.  

	MINUTE APPROVAL September 12, 2013: Councilman Clark motioned to accept the minutes of the September 12th, 2013 Town Board meeting, and was seconded by Councilman Kaczmarek.  MOTION CARRIED.

	SUPERVISOR’S FINANCIAL REPORT AND BUDGET MOD:  Councilman Clark moved and was seconded by Councilman Borngraber, to accept the Supervisor’s September 2013 Financial Report as presented.  4 ayes,  0 nays.  MOTION CARRIED.

	Supervisor Pero read his budget mods as listed below.  Councilman Borngraber motioned to accept the August 2013 budget mods as presented, and was seconded by Councilman Kaczmarek.   A roll call vote was taken.   Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

A copy of the following budget mod is also filed with the Town Clerk:
 

TOWN CLERK’S FINANCIAL REPORT:  Supervisor Pero moved to accept the Town Clerk’s October 2013 Financial Report as presented, and was seconded by Councilman Borngraber.  4 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S SEPTEMBER 2013 FINANCIAL REPORTS FOR JUSTICES GUGINO & CROUSE:  Councilman Clark moved to accept the Court Clerk’s August 2013 Financial Report for Justices Gugino & Crouse.  Councilman Kaczmarek seconded the motion.  4 AYES, 0 NAYS.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S SEPTEMBER REPORT: CEO Gary Brecker presented his September report.  Discussion began on the progress of abandoned homes were noted in the CEO’s report.  Supervisor Pero mentioned that he was working with the CEO to create a way to help financially distressed property owners to clean their property by assisting to organize the process.  Supervisor Pero Borngraber moved to approve the report as read, and was seconded by Councilman Borngraber.  4 ayes, 0 nays.   MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER REPORT:  Dog Control Officer Barb Daniel read her Dog Control Report for September 2013. The DCO then asked the Board to put something in writing that shows that it is with their approval that she house and adopt out the Town’s stray dogs from her shelter.  It was her concern that if there was ever an incident that could occur during an adoption, the Town’s liability insurance may not cover it since performing the adoptions, and housing the dogs are not actually a required part of her duties.  Attorney Trask stated that the concern was valid.  Supervisor Pero then made a motion to approve the housing and adoption of the Town’s stray dogs to continue from the Daniel’s Town Shelter provided Evans Agency confirms their approval.   Councilman Clark seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye.  4 ayes, 0 nays.  MOTION CARRIED.

Councilman Borngraber moved to accept the Dog Control Officer’s report as presented.  The motion was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT September 2013: The September 2013 police report was read by Police Chief Donald Hepkins. He mentioned that the FLN, owner of the Family Life Tower recently erected on Milestrip Rd has agreed to allow a repeater on their radio tower for Police use.  He addressed recent robberies in the area.  He then asked the Board for an executive session to discuss a personnel issue.  The Board stated that the executive session would be at the end of the Board meeting.
Councilman Kaczmarek moved to accept the September Police report as presented by Chief Hepkins, and was seconded by Supervisor Pero.   4 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2013:  The Town Clerk’s monthly activity report for September 2013 was read by Clerk Daniel.  Councilman Borngraber moved to accept the Town Clerk’s Report to the Board, and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED

Planning Board Report: No meeting was held.

Zoning Board Report:  Secretary Lynda Ostrowski read the Zoning Board minutes of the September 2013 meeting. Councilman Kaczmarek moved to accept the Zoning Board minutes as read and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED

Recreation Director Report:  Supervisor Pero summarized the season end financials for the pool and recreation.  Councilman Borngraber moved to accept the Recreation Report as read, was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED

Parks Commissioner report: Supervisor Pero stated he would like to get a plaque for Local 17. No vote was taken to approve the Parks Commissioner’s report.  

Town Historian Report:  None presented.

Fire Department Reports:  None presented.

Senior’s report for August & September  2013.  Secretary Ostrowski read the minutes of the October 2nd 2013 Senior meeting.  Councilman Borngraber motioned to accept the minutes as read, and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.  


ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS:  

Bill Henry, the Town Energy Consultant spoke on the importance of eliminating the sales tax on Solar Power systems.  He had implemented the passing of a recent resolution supporting the removal.  He explained that removing the sales tax would lower the overhead costs for installation companies allowing them to use the savings to create jobs in the area.

Legislator John Mills:  Explained the results of the recent snow plow agreement and thanked the Town Board for their support.  He updated the residents of his efforts to keep the County budget down.  He then addressed the drainage problems at 877 Milestrip Rd.  He will push that the Water Conservation District handles the issue since they have more authority to enter private lands.  Supervisor Pero thanked Legislator Mills for recently invigorating the water quality committee for Erie County and putting together the Lake Erie Water Protection Alliance.

PUBLIC HEARING 8:15 PM – CDBG:   The Town Clerk read the public hearing notice as advertised for this public hearing:
TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 8, 2013 at 8:15 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.
THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.  
THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. 
CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. 
THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.  Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.
September 6, 2013
By order of the Brant Town Board
Barbara J. Daniel, Brant Town Clerk
Supervisor Pero motioned to open the public hearing AT 8:16 pm and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero asked if anyone present had any suggestions or questions.  No one spoke.  He then read a letter from Rural Transit who was requesting placement on the list of funding to be requested through the CDBG grant.  

Supervisor Pero spoke about requesting funding to put sidewalks on Brant North Collins Rd, since there are no sidewalks in that portion of roadway.  He noted the area handicapped people and several low income rental homes in the area.  He figures the cost to be approximately $40,000 with a 25% match in- kind or in money.  The sidewalk will be 4 foot wide black top with a base.

Councilman Borngraber moved to close the public hearing at 8:21 PM.  Supervisor Pero seconded the motion.  4 ayes,  0 nays.  MOTION CARRIED.

Supervisor Pero then read the following proposed CDBG Resolution # 100813-001:

At a meeting of the Brant Town Board held on October 8th, 2013, the Board authorized Leonard K. Pero, Supervisor, to sign, submit and execute a contract with Erie County Community Development Block Grant program for the following projects upon approval in order:

1. Sidewalks on Brant North Collins Rd. 
2. Rural Transit Funding support
3. Handicapped access auto door opener for Senior Community Bldg.

Councilman Borngraber motioned to accept the ranking as presented by Supervisor Pero.  He was seconded by Supervisor Pero.  A roll call vote was taken: Councilman Borngraber-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye.  4 ayes, 0 nays.  MOTION CARRIED.

OLD BUSINESS

TENTATIVE BUDGET & FUTURE WORKSHOP & PUBIC HEARING REGARDING BUDGET:  Supervisor Pero announced that the tentative Budget was given to the Town Clerk on September 30th who then distributed it to the Board members.  A Budget Workshop will be held on October 17, 2013 at 6:30 pm where Department Heads may present their requests. The Public Hearing to vote on the Budget will be held on Tuesday, November 12, 2013 at 8 pm. He summarized that on the tentative budget, employee wages will receive a 3% increase for those holding appointed positions and a 2% increase to elected officials.  No vote was taken.

Supervisor Pero mentioned a Pre-construction meeting with the vendors who won the bid for the ADA project.  The meeting will be held on Wednesday October 16 at 3:30 PM.

CDBG HAMBURG OVERHEAD DOOR & RONCO’S ASSISTED LISTENING SYSTEM:  Councilman Kaczmarek motioned to accept Ronco’s bid for the Assisted Listening system at a quoted price of $1502.00.  He was seconded by Supervisor Pero. A Roll Call Vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman Borngraber-aye. 4 ayes, 0 nays, MOTION CARRIED.

Supervisor Pero motioned to accept Hamburg Overhead Door’s bid of $9,540.00 to install the Handicap accessible exterior bathroom doors on the Senior Rec Bldg. and the Pool house.  He was seconded by Councilman Borngraber. A Roll Call Vote was taken.  Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain. 3 ayes, 1 abstain, 0 nays, MOTION CARRIED.

OLD TOWN HALL:  Supervisor Pero updated the Board on the results of his conversation with Lynda Mason.  The price of the Old Town Hall has been reduced to $50,000.

Supervisor Pero spoke about an idea he had in the event the Old Town Hall didn’t sell.  He suggested leasing the old Town Clerk’s office as office space to help defray monthly expenses.  He then suggested the balance of the building be used to accommodate a farm labor museum.  He then advised the Board that he may be able to obtain a grant to pay for the museum project.  Applying for the grant had a November 12, 2013 deadline.  Attorney Trask stated that the Town is not authorized to operate a museum because it is not properly incorporated and chartered by the Board of Regents allowing them to operate a museum.  Councilman Clark suggested the Town donate it to be used as a food pantry.  Supervisor Pero answered that a food pantry would want not only the Town Hall free, but all the utilities to be paid for them.  Trask stated that the Town must get the best price for it, and unless they intend to allow it to be used for a public purpose, it must be sold.

MUNICIPAL GARAGE FLOOR:  Supervisor Pero addressed the use of Town Labor to lay the concrete floor in the municipal garage which would save the Town money because prevailing wages would not be a factor in the cost of the project.

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SALT SHED BID REQUESTS:   Three bids were received for the Salt Shed project– Buffalo Red $7300, Beverly Hills $5000, House Steel $7823. Councilman Clark motioned to accept the bid from Buffalo Red at $7,300.00and seconded by Councilman Kaczmarek.  A Roll Call Vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Supervisor Pero-aye.  4 ayes, 0 nays. MOTION CARRIED.

HALLOWEEN EVENTS AND OBSERVANCES:  Halloween will be celebrated on October 31st from 6pm – 8pm. There will also be a “Trick or Trunk” party at the Town Park from 5pm – 10pm. Lake Shore Youth Football will be hosting the party and it will include a haunted house in the Gym and Cartoons in the Pavilion. 
Supervisor Pero made a motion to help pay for the advertising of this event along with the Village of Farnham, seconded by Councilman Borngraber. 4 ayes, 0 nays.  MOTION CARRIED.

RENTAL AGREEMENT FOR SCHOOL TAX COLLECTOR:  Supervisor Pero noted the Rental Agreement he had received from Attorney William Trask regarding the rental of the Prosecutor’s Office across the hall from the Police Department to Barbara J. Daniel to conduct this year’s Collection of Lake Shore school taxes.
Councilman Clark motioned authorize the Supervisor to sign and execute the agreement, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Supervisor Pero-aye.  4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS

GRISANTI MEMBER MONEY GRANT:  Supervisor Pero spoke about the Town’s options with regard to the installation of Solar Panels on the Town Hall.  He then addressed the Board about a conversation he had with Senator Grisanti where he requested funding for the solar panels, rather than the generator system already promised to the Town.  Obtaining the system would lower the cost of electric at the Town Hall.  If funded, the Solar Panels would cost the Town taxpayers nothing.  Pero asked the Board to approve allowing him to begin working on an application with Grisanti for funding of the Solar Panels.  Councilman Clark stated he prefers being allowed to review the offer before voting.
Councilman Borngraber motioned to authorize the Supervisor to begin working with Grisanti’s office on the application for the system.  He was seconded by seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Borngraber-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-nay.  3 ayes, 1 nay. MOTION CARRIED.


TOWN CLEANUP PROGRAM: Supervisor Pero spoke on his efforts to clean up a property located on Morley Road.  The issue has been in and out of court with no resolution.  Pero stated he is speaking with the property owner and offering to orchestrate the efforts towards the cleanup.  Attorney Trask asked for details.  Pero stated that he has not had time to put the plan in writing yet.  Trask recommended the Town be careful with such offers, and the property owner must voluntarily agree to the conditions. 

RESOLUTION # 100813-002, MORTGAGE FORECLOSURE: Supervisor Pero presented a resolution being adopted in Town’s across Erie County.  He felt it would benefit the Town during a time when so many properties are being ignored by the Banks that have foreclosed them.
Memorialize New York State to Enact Legislation Relating to Mortgage Foreclosure of Vacant Properties
	WHEREAS, there are number of vacant properties in the Town of Brant which are vacant/abandoned and going through mortgage foreclosure, and
	WHEREAS, under existing laws, it can take mortgage lenders 2+ years to finalize mortgage foreclosures, and
	WHEREAS, in the meantime, the house is vacant and utilities are shut off, causing deterioration of the house and
	WHEREAS, this negatively affects other properties in the neighborhood, and
	WHEREAS, legislation is pending in the State Assembly (Bill No. A-8103) which would create a special part of New York State Supreme Court to handle mortgage foreclosures affecting vacant/abandoned homes, enabling lenders to expedite the proceedings, thus allowing homes to be sold and be occupied again, and
	WHEREAS, this Board feels that this legislation may assist us with controlling deterioration of vacant properties in the Town, NOW, THEREFORE, BE IT
	RESOLVED, that this Town Board hereby memorializes the State Senate, Assembly and Governor to support this legislation, and BE IT FURTHER
	RESOLVED,  that the Town Clerk be and hereby is directed to forward certified copies of this resolution to New York State Assemblyman Dennis H. Gabryszak, New York State Senator Timothy Kennedy and Governor Andrew Cuomo.
Councilman Borngraber motioned to adopt the resolution #100813-003 as read, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Borngraber-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye.  4 ayes, 0 nays.  MOTION CARRIED.


SET PUBLIC HEARING FOR 2% CAP & FIRE CONTRACT
Three public hearings will be set for November 12, 2013:

8:00 PM Budget Public Hearing
8:20 PM 2% Tax Cap Local Law
8:30 PM Fire Protection Contracts 

Supervisor Pero motioned to set and advertise the above listed Public Hearings and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

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RESOLUTION FOR COURT GRANT RESOLUTION # 100813-003

Supervisor Pero read the following proposed resolution:

At a regular meeting of the Town Board of the Town of Brant, Erie County, New York, held at the Brant Town Hall, Brant-North Collins Road, Brant, New York 14027 on the 8th of October, 2013 at 7:30 PM, there were present:

                   Supervisor Leonard Pero
                   Councilman Kaczmarek
                   Councilman Clark
                   Councilman Borngraber
                   
Absent: Councilman Gier

Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;

Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 25, 2013 deadline;

Be It Resolved: That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled:

NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract.

The above resolution was offered by Councilman Borngraber of the Town of Brant, who moved its adoption.  He was seconded by Councilman Kaczmarek.  A roll call vote was taken, as follows:

Councilman Borngraber	Aye
Councilman Kaczmarek	Aye
Councilman Clark		Aye
Supervisor Leonard Pero	Aye

RESOLUTION # 100813-003 ADOPTED
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RESOLUTION # 100813-004

RESOLUTION OPPOSING THE CLOSING OF THE
CHILDREN’S PSYCIATRIC CENTERS LOCATED IN WEST SENECA, NEW YORK

WHEREAS, the state office of Mental Health has unveiled a sweeping plan to consolidate and reduce the number of State-run psychiatric hospitals from 24 to 15 over a three year period.  Plans include the closing of all children’s psychiatric centers and inpatient units including the West Seneca Children’s Psychiatric Center and combining these units into “Centers of Excellence” generally designed to serve adult patients with significant mental disorders, not children.  Many of these adult patients are individuals designated through the criminal justice system.

WHEREAS, institutionalization of children in these “Centers of Excellence” will require the sharing of facilities and services with adult psychiatric patients.  Children currently in residence at West Seneca are between the age of four years and eighteen years of age and are at high risk of future institutionalization without the proper care and treatment.  The resulting exposure of these children at risk at the proposed “Centers of Excellence” to adult influence and circumstances beyond their control is both unhealthy and dangerous.

WHEREAS, the closure of children’s centers, similar to the children’s psychiatric centers located in West Seneca, will result in many children from other areas of the state who will be housed in institutions far away from their homes, in Utica, Buffalo, or Albany, this creating unacceptable hardships for families expecting to stay in contact with their children serviced by these distant “Institutions”.  Accommodations for these children at risk should be made in all regions in the State in order to allow families to stay connected.

BE IT RESOLVED, that the Brant Town Board acknowledges the importance of maintaining an adequate and safe environment for our citizens and especially for children at risk; 

RESOLVED, the Brant Town Board opposes the combining of children’s psychiatric services “Centers of Excellence” with adult patients and supports the retention of separate “Center of Excellence” exclusively for children in comfortable and park-like settings similar to those found at the Western New York Children’s Psychiatric Center located in West Seneca New York;

RESOLVED, that the appropriate Senate and State Legislator Committees convey and seek public comment and input regarding OMH’s sweeping plan; and that the Senate and the Assembly consider the creation of separate “Centers of Excellence” for children’s care at sites located across New York State, including at the Western New York Children’s Psychiatric Center located in West Seneca.  The Brant Town Board authorizes the Supervisor, no later than September 20, 2013, to convey this position, in writing, to State Senator Patrick M. Gallivan and Senator Timothy M. Kennedy, and Assemblyman Michael P. Kearns, and to Governor Andrew M. Cuomo, requesting their attention and assistance in retaining as a “Centers of Excellence for children’s care”, the Western New York Children’s Psychiatric Center located in West Seneca New York rather than closing and abandoning another State Facility.

Councilman Clark motioned to adopt the above resolution # 100813-004 and was seconded by Councilman Kaczmarek.   4 ayes, 0 nays.  MOTION CARRIED.

RESOLUTION # 100813-004 ADOPTED

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RESOLUTION # 100813-005 SUPPORTING THE REQUEST TO ALLOW MUNICIPALITIES TO RESET THE TAX LEVY AFTER A CONSOLIDATION OF A DISTRICT, AS STATED IN VILLAGE OF WILLIAMSVILLE RESOLUTION BELOW:

ON MOTION by Supervisor Pero, seconded by Councilman Clark, the Brant Town Board announces its support of the Village of Williamsville’s resolution as listed below:

	WHEREAS, New York State has implored local governments to consolidate services and save Taxpayers money; and

	WHEREAS, New York State has approved property tax cap legislation, which holds local Governments to 2% (or less if the rate of inflation is less) increases in the tax levy each year; and
	
	WHEREAS, New York State property tax cap law allows the recalculation of the property tax cap after the merger or dissolution of municipal entities, but does not allow the same reset after the consolidation of services, which eliminates a fund; and

	WHEREAS, The Village of Williamsville has entered into a Memorandum of Understanding with the Erie County Water Authority to turn over our water system early next year; and

	WHEREAS, The total savings to the Village of Williamsville residents will be substantial over time, but will require dissolving the Water Fund and shifting some expenses to the General Fund; and

	WHEREAS, The Village of Williamsville already eliminated the one Water Department position and took other necessary cost cutting initiatives in anticipation of dissolving the Water Fund; and

	WHEREAS, the cost associated with eliminating our Water Fund will force us to override the 2% property tax cap next year; and

	WHEREAS, it appears that New York State missed this discrepancy, since it is unimaginable that the State wishes to punish municipalities for consolidating services and saving taxpayers money;

NOW, THEREFORE, BE IT RESOLVED, that the Village of Williamsville implores the Governor and Legislature to fix this discrepancy by allowing municipalities to reset the tax levy after a Consolidation, which causes the elimination of a separate fund, which drives expenses back to the General Fund; and

BE IT FURTHER RESOLVED, that the Village of Williamsville requests that 
members of the Western New York Senate and Assembly delegation introduce legislation that will address the conflict; and

BE IT FURTHER RESOLVED, that the Village of Williamsville asks the Governor to support legislation to eliminate this discrepancy; and

BE IT FURTHER RESOLVED that certified copies of this resolution be sent to 
Governor Cuomo, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, the Western New York Delegation, the President of the Erie County Village Official’s Association and the New York State Conference of Mayors.

Supervisor Pero motioned to adopt the above Resolution # 100813-005, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

RESOLUTION # 100813-005 ADOPTED
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RECYCLING PROGRAM – E-WASTE RCR&R
RCR&R can no longer pay for the electronics collection but will continue to take the items. Also, after November 1, 2013, they will start charging to accept CRT items. The charge will be .25 cents/lb. about $660 year, based on last year’s activity. Councilman Clark wants to continue the program. Councilman Borngraber motioned to continue the program and not charge the residents for CRT drop off and non-residents pay $10 for CRT.  Councilman Kaczmarek seconded the motion.  A Roll call vote was taken. Councilman Borngraber – aye, Councilman Kaczmarek – aye, Councilman Clark – aye, Supervisor Pero – aye.  4 ayes, 0 nays. MOTION CARRIED.

GEITER DONE TIRE DROP OFF CONTRACT: It was noted that the tire drop off program has proved to be successful.  Supervisor Pero noted that the drop off is averaging approximately 100 to 120 tires per month.

VENDING – CAFÉ:   Supervisor Pero recently looked into having food vending machines put into the Town Hall.  The vendor responded that the customer base would be too small.  He will continue to look into it.

MISCELLANEOUS: 
Supervisor Pero read a letter he received from Time Warner’s Director of Government relations.  The letter thanked Supervisor Pero for his support in bringing cable service to areas of Mile Block Rd.

REPORTS OF COMITTEES:
No Reports.


TOWN BOARD REPORTS:  

Councilman Borngraber – Discussions with Village of Farnham Mayor.
    Discussions with Police Dept.
    
Councilman Kaczmarek – Talked about the Halloween Tricks & Trunks event sponsored by Lakeshore
   Youth Football 

Councilman Clark – Reported that he attended the Zoning Board of appeals meeting wherein proper 
		        procedures were discussed..

Supervisor Pero – 

1)	The Peter Gugino Committee (Brant Town Board and resident Neil Ross) and the Centennial Committee (including Town Historian Patty Friend) will be meeting on Monday, October 21st at 6:30pm to discuss commemorating Justice Gugino and also to discuss the celebration of the Town’s 175th year.
2)	Nov 2ndand Dec 7th, Senator Grisanti – will be at the Town Hall 9 am to noon.
3)	Sales tax revenue is up 2.6% from this time last year
4)	The Erie County DPW has come to an agreement regarding the snow plowing (3% increase over 3 years)
5)	BANS for the Truck and Town Hall have been renegotiated again for 1.4%.

PRIVILEGE OF THE FLOOR 

Letter from Ron Mason: He addressed Safety Concerns he felt should be addresses:
1)	Walnut trees hanging over the road in front of Frank Gugino’s residence on Brant Angola Road present a hazard if one of the nuts should fall from the tree and hit a passing motorist.
2)	The Guard Rail just south the S curve on Brant Reservation Road is too short and does not protect motorists from sliding into the pond.

Correspondence: 

•	Letter from Time Warner regarding channel changes.
•	Saturday, November 2nd, The Angola Library is holding a fund raiser and would like officials to attend to support it. 
•	Supervisor Pero read from a letter received from NYS Justice Courts:
Uniform Justice Court Systems Action Plan for the Justice Courts

As this is to be required to be announced at the November Town Board meeting, Supervisor Pero read the following:

“Section 2019A of the Uniform Justice Court Act requires that Town and Village Justices annually provide their court records and dockets to the respective Town and Village auditing Board.  That such records be examined or audited and after that be entered into the minutes of the Board proceedings.”  

A copy of the entire letter was forwarded to the current Town Auditor Joseph Ostrowski.  

Abstract 10 of 2013

*Prepaid and unpaid as of October 7, 2013
Gen Fund Town wide Vouchers pd: #480-487, unpd#488-523 Totaling: $26,819.62 
Gen Fund – Part Town Voucher, pd: none, unpd #33-36 Totaling: $8,279.66 
Highway T.W. Vouchers pd: 72, unpd#73-83, Totaling: $13,011.80
Highway P.T. Vouchers, pd #none, unpd: none, Totaling: $0
Fire Protection: Vouchers: unpd: none
Street lighting: Voucher unpd, #9:   $2,364.58
Lotus Bay Sewer Dist 1: Vouchers: none
Brant Farnham Sewer Dist: Voucher none, Totaling:
Brant Water Dist 1: Voucher: none
Special Grant Fund: None
Capital Projects: Vouchers: None

General Town Wide Payroll 08/25/13- 09/21/13 Totaling: $36,714.34
General Part Town Payroll 08/25/13- 09/21/13 Totaling: $605.74
Highway Payroll TW 08/25/13- 09/21/13 Totaling: $834.69
Highway Payroll PT 08/25/13- 09/21/13 Totaling: $8,592.23

A Motion was made by Councilman Kaczmarek, seconded by Councilman Borngraber to approve Abstract #10 of 2013. A Roll Call vote was taken: Councilman - Kaczmarek aye, Councilman Borngraber-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays.  MOTION CARRIED.

ABSTRACT 9 CORRECTIONS NOTED: Town Clerk Daniel announced some corrections made to Abstract 9.  Two DB vouchers (# 31 & 34) were transferred to DA (using same numbers 31& 34).  Also one of the A fund vouchers (#479 which then increased the A fund expenditures from $68,456.14 to $69,364.15) was not listed on the Abstract.  Also one Noco Energy Bill was not entered onto Abstract 9, but was audited and approved for payment.  We added it to the DA fund as voucher #84 because it was corrected AFTER abstract 10 was entered into computer ending in #83)  Anyone with questions can visit the Town Clerk’s Office to view the changes.
Supervisor Pero moved to approve the above corrections made at the direction of Town Accountant R. A. Gryksa.  He was seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye.  4 ayes, 0 nays.


Councilman Borngraber motioned to enter executive session at 9:48 pm as requested by Police Chief Donald Hepkins for personnel issues.   Councilman Kaczmarek seconded the motion.  A roll call vote was taken: Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.    4 ayes, 0 nays.  MOTION CARRIED.

Councilman Clark motioned to close the executive session at 10:17 PM and was seconded by Councilman Kaczmarek.  All approved.  MOTION CARRIED.

Councilman Kaczmarek motion to adjourn the meeting at 10:18 pm.  He was seconded by Supervisor Pero.  All approved.  MEETING ADJOURNED.


Respectfully submitted by,



Barbara Daniel
Brant Town Clerk